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The Supreme Court of India has agreed to hear over two dozen review petitions challenging its May verdict that barred retrospective environmental clearances for projects violating environmental laws. Several firms, including public sector entities like Steel Authority of India Ltd, have requested clarifications or modifications. The court has scheduled the hearing for October 7. The May ruling highlighted the constitutional obligation of both the government and citizens to protect the environment and emphasized the right to live in a pollution-free atmosphere under Article 21.
The Supreme Court is set to examine petitions filed against its May ruling, which prohibited granting retrospective environmental clearances to projects that violated environmental norms. The court has issued notices and fixed the review hearing for October 7. Advertisement
The May judgment, authored by former Supreme Court judge Justice A S Oka, had directed that the Ministry of Environment, Forests and Climate Change (MoEFCC) and other authorities could not grant retrospective environmental clearances. It reinforced that living in a pollution-free environment is a fundamental right under Article 21 of the Constitution and stated that the Union Government, along with citizens, has a duty to protect the environment.
Over two dozen firms, including PSU Steel Authority of India Ltd, have moved the court seeking review, modification, or clarification of the verdict. One petitioner, Kumar Organic Products Limited, requested clarification regarding the status of environmental clearance applications filed under the March 14, 2017 notification that were pending approval before the May judgment, citing delays beyond their control.
A special bench consisting of Chief Justice B R Gavai and Justices Ujjal Bhuyan and K Vinod Chandran will hear these petitions. Chief Justice Gavai noted that petitioners must indicate apparent errors on the face of the records for the review to be considered.
The original bench had strongly criticized the ex-post facto environmental clearances issued under the 2017 notification and 2021 office memorandum, labeling them arbitrary and illegal under the Environment (Protection) Act, 1986 and the Environmental Impact Assessment (EIA) Notification, 2006. The court had highlighted that regularizing projects violating environmental laws cannot be permitted and that those responsible for such violations should face strict action.
The judgment clarified that the 2021 memorandum and related circulars violated fundamental rights under Article 21, including the right to health and a clean environment. It emphasized that development cannot come at the expense of environmental protection and that courts must enforce environmental laws strictly, particularly when project proponents consciously risk violating the EIA notification.
The upcoming review hearing will decide whether the prohibition on retrospective environmental clearances remains or if adjustments will be made to address concerns of firms whose delays were beyond their control.
Source PTI
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